Calcutta High CourtCRM (A)/2201/2023allowed

Anjana Sarkar v. State Of West Bengal

2023-06-15Honble Justice Chitta Ranjan Dash,Hon'Ble Justice Partha Sarathi Sen3 pages

C.R.M. (A) 2201 of 2023 15.06.2023 Sl. 104 Court No. 29 Sourav (Allowed) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with New Market Police Station Case No. 170 of 2021 dated 23.08.2021 under Sections 120B/467/468/469/471/420 IPC.

And In the matter of: Anjana Sarkar ....petitioner.

Mr. Suchinddram Bhattacharjee ...for the petitioner.

Mr. Rudradipta Nandy, Ld. APP Mr. Subrata Roy ...for the State.

1. Heard learned Counsel for the parties.

2. The petitioner is alleged to have taken Rs. 5,50,000/- from the informant on assurance to get him a job in Kolkata Municipal Corporation. In Bowbazar P.S./D.D. Case no. 244 dated 11.08.2020, the petitioner is alleged to have taken about Rs. 7,00,000/- from the informant therein on assurance to provide a flat in K.M.C. Scheme.

3. In the latter case, the petitioner is stated to have been released on anticipatory bail by a co-ordinate Bench of this Court vide order dated 24.02.2022 passed in CRM (A) 91 of 2022.

4. Learned Counsel for the petitioner submits that the petitioner is all along cooperating in the investigation by attending the P.S. in response to notice issued to her either under Section 41A Cr.P.C. or Section 160 Cr.P.C.

5. Regard being had to such facts and submissions, factum of permanent residence of the petitioner and substantial

progress in the investigation, it is directed that the petitioner shall be released on bail in the event of her arrest by the Arresting Officer on such terms and conditions as deemed just and proper in the facts and circumstances of the case in connection with New Market Police Station Case No. 170 of 2021 dated 23.08.2021 including the conditions that i) the petitioner shall not involve herself in similar or any other offence during the currency of this order; ii) this order shall be without prejudice to the power of the KMC to initiate disciplinary proceeding against the petitioner for the alleged offence.

6. Within 21 days of the receipt of server copy or certified copy of this order, the petitioner is directed to appear before the I.O along with a copy of this order.

7. Accordingly, the prayer for the anticipatory bail is allowed.

8. The application being CRM (A) 2201 of 2023 is disposed of. (Chitta Ranjan Dash, J.) (Partha Sarathi Sen, J.)